People v. Vasquez

I. Introduction

In this case, the defendant is on trial for first degree murder, and the state has indicated its intent to seek the death penalty. The defendant claims that he is mentally retarded. Section 18-1.3-1102, 6 C.R.S. (2003) (the “statute”), is the statute that sets forth the procedures to be followed when a defendant raises issues of mental retardation in a death penalty case. Upon motion of the defendant, the trial court here declared the statute unconstitutional because it requires the defendant to prove retardation by clear and convincing evidence to the satisfaction of the court…